A Delhi court has granted jailed Lok Sabha MP Engineer Rashid, also known as Sheikh Abdul Rashid, permission to attend the upcoming winter session of Parliament while in custody. Additional Sessions Judge Prashant Sharma issued the order after hearing a plea filed by Rashid's lawyer, Vikhyat Oberoi, seeking custody parole for the duration of the session. The winter session is scheduled to begin on December 1.
Rashid, who represents the Baramulla constituency in Jammu and Kashmir, is currently lodged in Delhi's Tihar Jail. He was arrested by the National Investigation Agency (NIA) in 2019 under the Unlawful Activities (Prevention) Act (UAPA) in connection with a 2017 terror-funding case.
The court's order specifies that Rashid will be transported to Parliament under police escort for all dates of the winter session. The terms of the custody parole are consistent with those previously imposed. However, the court clarified that the issue of who will bear the travel expenses during Rashid's custody parole remains subject to the outcome of a pending appeal before the Delhi High Court.
Earlier this month, the Delhi High Court delivered a split judgment on Rashid's plea seeking modification of the condition that requires him to pay nearly Rs 4 lakh towards travel and security costs for his visits to Parliament. Justices Vivek Chaudhary and Anup Jairam Bhambhani differed on the matter, leading to the referral of the case to Chief Justice D.K. Upadhyaya for administrative directions.
Rashid's counsel had argued before the High Court that imposing daily custodial travel costs, including the salaries of police personnel, effectively restricts an elected MP from representing his constituency. While Rashid was willing to bear reasonable expenses, his counsel argued that including police salaries was beyond the scope of the Delhi Prison Rules. The Delhi Police, however, defended the calculation, stating that the amount covered deployment charges, logistics, and security arrangements necessary for escorting an undertrial MP to Parliament.
This is not the first time Rashid has been granted permission to attend parliamentary sessions while in custody. He was previously granted custody parole to attend the monsoon session of Parliament from July 24 to August 4. He also received interim bail to campaign during the Jammu and Kashmir Assembly elections earlier this year. In September, the Patiala House Court permitted Rashid to cast his vote in the Vice-Presidential election.
Engineer Rashid's victory in the 2024 Lok Sabha elections was notable as he defeated former Jammu and Kashmir Chief Minister Omar Abdullah by a significant margin. Despite being incarcerated, Rashid contested the election and secured a major electoral win, drawing national attention amid ongoing political developments in the region.
During his time outside of prison, Rashid will be subject to strict conditions. He is barred from using any cellular or landline phone or other communication device, and he will not have access to the internet. The court has also prohibited Rashid from interacting with any person outside the premises of the Lok Sabha, except within the premises of the Lok Sabha and in relation to the performance of his duties as an MP. Furthermore, he is not permitted to engage with or address the media. The Parliament security/marshals will take custody of Rashid at the Parliament House and hand him back to the prison escort after the Lok Sabha session.
